My neighbor's tree broke my fence. What should I do?


Editorial team Published on

File a claim with your own homeowner's insurance company first, as property owners are generally responsible for damage on their own land unless you can prove your neighbor was negligent.

Immediate Steps to Take

  • Take photos: Photograph the fallen branch, the broken fence, and the overall condition of the tree from multiple angles before moving anything.
  • Review fence ownership: Check whose property the fence is on or if it is a shared boundary fence, as this affects responsibility.
  • Notify your neighbor: Talk to your neighbor or send a written note detailing the damage.

Determining Liability

  • Act of Nature / Healthy Tree: If the tree was healthy and fell due to a severe storm, wind, or lightning, your own homeowner's insurance typically covers your fence repairs. Your insurer may then try to recover your deductible from your neighbor's insurance through a process called subrogation.
  • Neighbor Negligence: Your neighbor is only liable if the tree fell because it was visibly dead, diseased, or rotting, and you previously warned them about it in writing. Proving this "negligence" makes the neighbor (or their insurance) responsible for the costs.